3/8/2007Arizona: Bill Bans HOA Parking Tickets on Public Streets
The Arizona Senate voted overwhelmingly in favor of legislation to prohibit homeowners associations from restricting the use of public streets.
The Arizona state Senate voted 27-1 on Monday to pass a bill that nullifies homeowners' association restrictions on public street parking. State Senate Judiciary Committee Chairman Chuck Gray (R-Mesa) had introduced the legislation to stop associations from banning certain types of vehicles from city-owned streets within a planned community.
"An association has no authority over and shall not regulate any [public] roadway," the bill states.
The measure also would prevent associations from issuing private speeding tickets to homeowners. It now heads to state House for consideration.
State of Arizona Senate
Forty-eighth Legislature, First Regular Session, 2007
SENATE BILL 1360
amending title 33, chapter 16, article 1, Arizona Revised Statutes, by adding section 33-1815; relating to planned communities.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1815, to read:
33-1815. Community authority over public roadways
Notwithstanding any provision in the community documents, an association has no authority over and shall not regulate any roadway, easement or other area for which the ownership or use has been dedicated to a governmental entity or that is otherwise under the legal authority of a governmental entity. An association has jurisdiction over only those roadways, easements and other areas that remain under the ownership of the association.